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Articles 1 - 11 of 11

Full-Text Articles in Law

Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity Oct 2001

Proposal For Linking Culpability And Causation To Ensure Corporate Accountability For Toxic Risks, Thomas O. Mcgarity

William & Mary Environmental Law and Policy Review

No abstract provided.


Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman Oct 2001

Tortious Toxics, Lisa Heinzerling, Cameron Powers Hoffman

William & Mary Environmental Law and Policy Review

No abstract provided.


Las Transformaciones Funcionales De La Responsabilidad Civil : La Óptica Sistématica. Análisis De Las Funciones De Incentivo O Desincentivo Y Preventiva De La Responsabilidad Civil En Los Sistemas Del Civil Law, Gastón Fernández Cruz May 2001

Las Transformaciones Funcionales De La Responsabilidad Civil : La Óptica Sistématica. Análisis De Las Funciones De Incentivo O Desincentivo Y Preventiva De La Responsabilidad Civil En Los Sistemas Del Civil Law, Gastón Fernández Cruz

Gastón Fernández Cruz

No abstract provided.


The Carroll Towing Company Case And The Teaching Of Tort Law, Patrick J. Kelley May 2001

The Carroll Towing Company Case And The Teaching Of Tort Law, Patrick J. Kelley

Saint Louis University Law Journal

No abstract provided.


A Tale Of Two Concurrences: Same Sex Marriage And Products Liability, John Culhane Jan 2001

A Tale Of Two Concurrences: Same Sex Marriage And Products Liability, John Culhane

John G. Culhane

No abstract provided.


The Risk Concept On Modern Tort Map: An Analytical Approach To English Law, Mashael Alhajeri Jan 2001

The Risk Concept On Modern Tort Map: An Analytical Approach To English Law, Mashael Alhajeri

Mashael Alhajeri

No abstract provided.


Federal Preemption Of State Tort Claims, Marin Roger Scordato Jan 2001

Federal Preemption Of State Tort Claims, Marin Roger Scordato

Scholarly Articles

This article explores a continuing disagreement among Justices of the United States Supreme Court regarding the proper doctrinal framework for federal preemption jurisprudence. This important difference in views became apparent in the four federal preemption cases that the Supreme Court decided during its 1999-2000 term. The article describes this critical disagreement among the Justices, places it in the larger context of preemption doctrine, and then carefully analyzes a number of possible resolutions.

Federal preemption is an area of enormous practical and theoretical importance. It is a subject that has earned a regular place on the Supreme Court's docket for many …


A ‘Clanging Silence’: Same-Sex Couples And Tort Law, John G. Culhane Dec 2000

A ‘Clanging Silence’: Same-Sex Couples And Tort Law, John G. Culhane

John G. Culhane

No abstract provided.


Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen Dec 2000

Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen

Jean M. Eggen

During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …


Kiss And Tell: Making The Case For The Tortious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel Dec 2000

Kiss And Tell: Making The Case For The Tortious Transmission Of Herpes And Human Papillomavirus, Michele L. Mekel

Michele L Mekel

Recognizing theories of recovery for a tort committed an estimated 6 million times per year in the United States alone at an annual cost in excess of $4 billion is logical--if not imperative. Not all jurisdictions, however, recognize theories of recovery when the tort in question is the wrongful transmission of herpes and/or human papillomavirus ("HPV"), two of the most common, incurable sexually transmitted diseases ("STDs") in America. Nevertheless, in Deuschle v. Jobe, the Court of Appeals for the Western District of Missouri took a significant step by acknowledging an unmarried sexual partner's right to bring negligence and intentional tort …


Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen Dec 2000

Defining A Proper Role For Public Nuisance Law In Municipal Suits Against Gun Sellers: Beyond Rhetoric And Expedience, John G. Culhane, Jean M. Eggen

John G. Culhane

During the past few years, more than a score of municipalities (and the State of New York) have brought suit against gun manufacturers, distributors and retailers, seeking to hold them accountable for the consequences of gun violence within the municipalities' jurisdiction. This article critically assesses whether the theory of public nuisance is an appropriate vehicle for bringing such suits. Inasmuch as public nuisance theory is itself only dimly understood, the article begins with an historical summary of public nuisance law. It then considers contemporary objections to the continued vitality of public nuisance, and concludes that, properly defined and limited, public …